법제처국가법령정보센터 CODE OF CONDUCT FOR PUBLIC OFFICI 법령, 판례등모든법령정보를한번에검색 OK! 2008, Partial Amendment] () 일부개정

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1 법령, 판례등모든법령정보를한번에검색 OK! CODE OF CONDUCT FOR PUBLIC OFFICI [Enforcement Date 01. Feb, 2009] [Presidenti 2008, Partial Amendment] 일부개정 제21238호 () 국가법령정보센터

2 CODE OF CONDUCT FOR PUBLIC OFFICI [Enforcement Date 01. Feb, 2009] [Presidential Decree No () CHAPTER I GENERAL PROVISIONS Article 1(Purpose) The purpose of this Decree is to prescribe th by public officials in accordance with Articl Establishment and Operation of the Anti-Corru Article 2(Definitions) The definitions of terms as used in this Decr 1. The term "duty-related party" means an ind his/her private capacity) or an organization official's duties and who falls under one of (a) Any individual or organization that has under Article 2 (2) 1 and 4 of the Enforce Procedure Act; (b) Any individual or organization that will direct result of the cancellation of auth suspension, imposition of surcharge or fi (c) Any individual or organization that is su inspection, control or administrative guida (d) Any individual or organization that will direct result of adjudication, decision, of assessment, mediation or arbitration; (e) Any individual or organization that is mobilization; (f) Any individual or organization that has contract with the State or a local governm (g) Any individual or organization that will direct result of decision or implementatio

3 (a) A public official who receives orders rel projects; and (h) Any other individual or organization tha assigned by the head of a central administr entity which is answerable to the President organ of a local government the head of a l education and the head of board of educati metropolitan city or a local province (her Head"). 2. The term "duty-related public official" advantages or disadvantages as a direct resul of duties (in case of a government agency to a public official in charge of the affairs c under any one of the following: (b) A public official (of the same governme who handles or is related to affairs concer audit, prize/decoration or evaluation/ asse (c) A public official who entrusted his or h public official who was entrusted with the (d) Any other public official who the Agency official. 3. The term "gift" means goods, marketable se cards, admission tickets or other equivalent of any favors (including the favor whose va value in the market or the price at which i 4. The term "gift of entertainment" means tre or a convenience including transportation an Article 3(Scope of Application) This Decree shall apply not only to State pub under the control of the National Assembly, t the National Election Commission), but also t

4 Chapter Ⅱ Fair Performance of Dutie Article 4(Handling of Instructions that Hinder when a public official gives his or her subor fair performance of public duties in order to or the interests of any third party, the subo consult with the officer in charge of the Cod designated by the provisions of Article 23 he Article 5(Recusation for Conflicts of Interest senior official or the Code of Conduct Office handle the matter; provided, however, that th follow the instructions by communicating the "Code of Conduct Officer"). (2) If a public official is repeatedly asked notwithstanding his or her refusal under para consult with the Code of Conduct Officer. (3) The Code of Conduct Officer, when reques paragraph (1) and (2), shall check the detai Code of Conduct Officer deems it necessary to or she shall give notification to the head of that this shall not apply when the superior instruction, changes or cancels it while the details. (4) The head of agency, who received notifica shall take a proper measure including, but no the instruction, where deemed necessary. In necessary actions may be taken against the su biased instructions that may harm fair perfo provisions of paragraph (1) herein. under any of the following subparagraphs, he is one of the simple civil petition services

5 ground that their fair performance may not be Article 6(Exclusion of Preferential Treatment) Article 7(Prohibition of Use of Budget for Uns Article 8(Handling of Unjust Request from Poli party forces or requests a public official to improper way, he or she shall either give not (a) Where the duty concerned is directly r financial interests; or those of certain o ascendants/descendants and spouse; an ascendants/descendants; (b) Where a duty-related party is his/her thirddegree (defined by Article 767 of the apply); (c) Where a duty-related partyis the agency for which he or she used to work within the (d) Where a duty-related party is defined by whom a public official may not perform his/ (2) The immediate senior official or the Cod request for consultation in accordance with p the head of the agency concerned if it is dee concerned continuesto perform the duties prov may temporarily reassign the public official to the head of the agency if he or she has th (3) The head of the agency who received notif necessary measures to ensure fair performance to, the reassignment of duties. While performing his/her duties, a public of treatment to a specific person on the groun academic ties. A public official shall not make his or her budget (including travel and business promoti

6 consult with the Code of Conduct Officer befo (2) Having received notification under para concerned shall take necessary measures so perform his/her duties. The same shall apply consulted with the public official in accord Article 9(Prohibition of Illegal Solicitation not ask any third party to solicit a public o appointment, promotion, job transfer and any purpose of getting personal benefits. (2) A public official shall not use his or h decisions on personnel management for other p their appointment, promotion and job transfer Chapter Ⅲ Prohibition of Giving and Article 10-2(Prohibition of the Improper Use o Article 11(Prohibition of Illegal Solicitation office or solicitation to hinder other public fair and proper manner for the purpose of ben Article 10(Prohibition of Influence Peddling) A public official shall not directly use his or other people. A public official shall not use or allow othe of the agency in the way that they appear on personal gains other than official duties. people. (2) A public official shall not introduce a related party or to a public official as def Corruption and the Establishment of the Antiforthe purpose of benefiting him/herself or o

7 Article 12(Restriction of Use of Duty-related A public official shall not involve in transa securities, real estate and other financial i obtained in the course of performing his or h such information to any other person in order transactions or investment. (2) Concerning the provision of paragraph (1 detailed set of standards for restricting th financial transactions, depending on specifi Article 13(Prohibition of Personal Use of Publ A public official shall not benefit himself including public-owned vehicles, vessels and provided as a result of budget expenditure in points without justifiable grounds. Article 14(Restriction of Receiving Money or O not receive money, valuables, real estates, g (hereinafter referred to as "money or other v provision shall not apply to one of the follo 1. Money or other articles provided by a lawf 2. Foods or convenience provided within the s 3. Transportation, accommodation or foods un participants in an official event related to 4. Souvenirs or promotional goods distributed 5. Money or other valuables publicly provide afflicted with a disease or suffers other k 6. Money or other valuables provided to a pub of his or her duties within the limit set by (2) A public official shall not receive money public official, provided, however, that thi following when: 1. any subparagraph of paragraph (1) herein i

8 2. a small gift is offered according to commo 3. a friendlysociety publicly offers money or 4. a superior public official offers money subordinates to promote their morale or to (3) A public official shall not receive mone who was a duty-related party or a duty-relate or her current public duties; provided, howe money or other valuables that fall under pa (4) A public official shall prevent his/her from receiving money or other valuables proh above. Article 14-2(Prohibition of Giving Money or Ot A public official shall not give money or oth from receiving money or other valuables unde that this shallnot apply to the money or othe above. CHAPTER Ⅳ CREATION OF HEALTHY CLIMA Article 15(Report on Outside Lecture or Confer give a lecture, a presentation or advice or t examination, assessment or resolution, at a s symposium, training course, conference, etc. lecture or conference") which pays an honorar his/her agency of (a)who made a request for t reasons for such request, (c) the venue, date conference and (d) the amount of an honorariu may not report it if the request for the outs State or a local government (including an ent government). (2) The total amount of an honorarium under ordinary standard conventionally applied by t

9 outside lecture or conference. Article 16(Prohibition of Borrowing Money)(1) from, lend money to or rent real estate from public official (excluding a relative within apply in this Article) without compensation ( compensation is insignificant compared to the value hereafter the same shall apply in this apply when a loan is made on ordinary terms a institution under Article 2 of the Act on Rea Guarantee of Secrecy. (2) Notwithstanding the provisions of paragra borrow money from, lend money toor rent real duty-related public official without any comp give notification to the head of his/her agen Article 17(Restriction on Notification of Fest Money Thereof)(1) A public official shall not related public official of festivities and fu following: 1. Notification of festivities and funerals g 2. Notification of festivities and funerals g 3. Notification of festivities and funerals intranet to which only his/her current or subparagraph 2 above have access; and 4. Notification of festivities and funerals organization or a social gathering to whic (2) A public official shall not give or take funerals whose worth exceeds the standards, w scope of common practices and after collectin government agency, except as expressly provid 1. where money or other valuables are given o his/her relatives for festivities and funera

10 2. where money or other valuables for festiv official by a religious organization or a fr in accordance with its articles of associati 3. where money or other valuables are given f by the Agency Head. CHAPTER Ⅴ MEASURES AGAINST VIOLATIO Article 18(Consultation on Legality) When a public official deem it unclear whethe this Decree, he or she shall handle the duti officer. Article 19(Report and Confirmation of Violatio that a public official violates this Decree m agency to which the public official belongs, or the Anti-Corruption and Civil Rights Commi (2) The person who files a report in accordan the report the personal details of him/herse name, address, etc., and the detailsof viola (3) The head of an agency to which the public of conduct officer at the agency, should he o paragraph (1), shall guarantee the confident details and shall take necessary measures so detrimental treatment due to the report. (4) The code of conduct officer shall confirm (1) and then report it to the head of the re submitted by the public official concerned. Article 20(Disciplinary Action) The head of the agency, should he or she has may take necessary measures including discipl concerned.

11 Article 21(Disposal of Money or Other Articles received money or other valuables in violatio immediately return the money or other valuabl of the prescribed standardsto the offering pa concerned may request the expenses for return to which he or shebelongs, by attaching docum (2) If the money or other valuables to be ret to loss, decay or deterioration, if it is di address of the offering party is not obvious for not returning them, the public official fact to the head of his or her agency or the them according to the decisions by the head o CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS Article 22(Education)(1) The Agency Head shall public officials under his or her control to Decree and conduct education as set in the sc (2) The Agency Head shall give education appointedpublic officials under his or he Article 23(Designation of Code of Conduct Offi designate a code ofconduct officer at the age control whose head is a public official of Gr position (including a general public official Service): Provided, that this shall not apply code of conduct officer at the agency under h character, and geographic position. (2) The Code of Conduct Officer shall educate his or her agency on the Code of Conduct for degree to which they are following this Decr conduct the investigation of violation.

12 (3) The Code of Conduct Officer shall not d process of consultation under this Decree. (4) For an agency that has not designated a c (1), the code of conduct officer responsible affairs of such agency with regard to the Cod Article 24(Operation of Code of Conduct by Age establish a detailed code of conduct for publ consideration of the character of the said ag the enforcement of this Decree. In the case o the head of a local council and board of educ from that of this Decree in consideration of (2) The Agency Head, when establishing or am conduct for public officials under paragraph Civil Rights Commission thereof. (3) Should the Anti-Corruption and Civil Righ specific code of conduct for public offici inappropriate or partial, it may recommend re (4) The Anti-Corruption and Civil Rights Comm to operate the agency specific code of condu (1). ADDENDA <No , 31. Dec, 2008> Article 1 (Enforcement Date) This Decree shall enter into force from Febru Article 2 (Applicable Cases concerning Report Notwithstanding permission granted under Arti Decree, an outside lecture or conference on a Decree shall be reported under the revised pr